“Mas nas crianças eu nunca encostei um dedo" – A lei de alienação parental como instrumento de litigância de má-fé para cercear os direitos familiares de mulheres vítimas de violência doméstica

Abstract

This study analyzes the impacts of the Parental Alienation Law (Law No. 12.318/2010) on the custody rights of women in situations of domestic violence, considering the Maria da Penha Law (Law No. 11.340/2006) and the amendments introduced by Law No. 14.713/2023. The research investigates how allegations of parental alienation have been used in custody disputes to challenge protective measures granted to women who are victims of domestic violence. It also examines court interpretations, focusing on TJDFT rulings, regarding the application of the Parental Alienation Law when there is a history of violence. Furthermore, it evaluates the effects of new legislative guidelines in ensuring both the child’s right to family life and the protection of the mother. The study also highlights the practice of bad-faith litigation, identified in cases where the Parental Alienation Law has been misused as a tool to reverse child custody, even when protective measures are in place, thereby endangering the safety of both the mother and the child. The research employs a qualitative methodology, based on a literature review and jurisprudential analysis of cases related to the application of the Parental Alienation Law in the context of domestic violence. The findings indicate that, in some instances, allegations of parental alienation have been improperly used to discredit reports of violence and weaken the protection granted by the Maria da Penha Law. Additionally, court decisions increasingly recognize the need to safeguard the safety of women and children, upholding the best interests of the child. It is concluded that, despite recent legislative advances, the application of Law No. 12.318/2010 still requires caution to prevent it from becoming a tool of revictimization, potentially compromising the integrity of women and children in vulnerable situations.